Interim Decision #1683 

MATMIL OF NO 

IN VISA PETITION PROCEEDINGS 

A-13756336-7-8-9-40 

Decided by Board December El, 1986 

Where blood grouping tests (M-N system) conducted by 2 experts in the field 

establish that there is no incompatibility of blood between a petitioner and 

her alleged father, the beneficiary, but, in fact, a strong indication of the 

claimed relationship, the visa petition proceedings will be reopened for further 

consideration. 

ON BEHALS or POITZIONEB Haskell R. Borst, Esquire, 

84 William Street, 

New York, New York 10038 

The District Director at New York denied the visa petitions of the 

petitioner in. behalf of her father, mother, and three brothers, because 

blood tests conducted, in part, in New York and, in part, in Hong 

Kong demonstrated incompatibility between the blood of petitioner 

and that .of some of the family members. Counsel requesied that this 

Boaid direct that arrangements be made at the expense of the petitioner for retesting in the -United States of the parents' blood samples 

taken in Hong Kong, using the same sera or reagents which were used 

in the testing of her blood. This procedure has been denied by the 

American Consul at Hong Kong. 

Following counsel's letter to this Board of October 31, 1966, he 

received a letter under the same date from Dr. Alexander S. Wiener, 

stating that Dr. Wiener had received two sets of blood specimens from 

Hong Kong and that retesting has now established that petitioner 

and her alleged father have the same blood type, MN2. Dr. Wiener 

states, 

The results thus not only show that parentage Is not excluded, but instead 

strongly indicate that the parents are correct, because of the occurrence of the 

type Mn in both Ng Wah Hoy Iand Mrs. Tit Sea Me. which is too rare to be 

merely a coincidence. 

I have no doubt that your appeal to have the immigration application reconsidered will now prove successful. 

IAlleged father 

'Petitioner 

27 

821-604--a0----4 
Interim Decision #1683 

An earlier communication, July 22, 1066, from Dr. Wiener to counsel 

states that he originally tested the blood of petitioner and found her 

to be type M and so reported her type. Tests from Hong Kong showed 

her father and mother both to be type M and all of her brothers to be 

type M. When petitioner was tested by Dr. Leon N. Sussman, he 

found her to be type MN and informed Dr. Wiener, that he and Dr. 

Wiener had come to different conclusions on the subject of the petitioner's blood type. Apparently, it was on the basis of Dr. Sussman's 

test (showing petitioner to have an N factor in her blood) that the 

visa petition was denied. It is now agreed by these outstanding experts, 

that petitioner's blood type is MN., which reacts weakly to some sera 

or reagents, and "frequently fails to react at all". 

In most cases coming to the Board where allegations of mistaken 

typing have been established, the mistakes have occurred in MN testing. Dr. Wiener and Dr. Sussman, two of this country's outstanding 

authorities', are now in agreement that respondent and her father 

have the same MN type and that there is no incompatibility but, in 

fact, a strong indication of the claimed relationship. 

The discovery through retesting, carried out in New York with sera 

and by experts not available in Hong Kong should be given further 

consideration. The records will be remanded for this purpose. 

ORDER : It is ordered that the records be reopened and reconsidered in accordance with the foregoing opinion. 

'Matter of L—, 8 I. & N. 259;Matter of D—W-0-4 D—W—H--, 5 L & N. 

351, cert. den. 350 U.S. 847, sub nom Dong Wing Ott t Dong Wing Han v. 

sinauganessy. 

28